Population B + C · Inside the system

How to Choose a Home Care Provider (And What the Law Says They Must Do)

By Steve Hadfield, AgedCareActionPlan.au · Last reviewed: 11 June 2026

In short: Most families choose a provider based on services, location, and reviews. That is the wrong starting point. Under the Aged Care Rules 2025, every provider is bound by the same rules — no exit fees, no lock-in, and care management fees capped at 10% of your quarterly budget. Knowing these rules before you sign is the most important thing you can do. This guide explains what every provider must do, what to ask before signing, and what to do if something goes wrong.

Last updated: 11 June 2026

When a funding letter arrives, most families do what feels sensible — search for providers, read reviews, compare services. That is understandable. It is also the wrong starting point.

The more important question is not which provider to choose. It is: what are they legally required to do, and what can they not do to you, regardless of which one you pick?

Under the Aged Care Rules 2025, every registered Support at Home provider is bound by the same statutory obligations. No exit fees. No lock-in. Care management fees capped at 10% of your quarterly budget. The right to 90 days before you must sign anything. The right to switch at any time. These are not negotiable — they apply regardless of what a service agreement says.

Most families sign a service agreement without knowing any of this. This guide changes that.

What Every Provider Is Required to Do Under the Rules

Before looking at any individual provider, understand what all of them must do. These are not voluntary standards or best practice guides — they are legal requirements under the Aged Care Rules 2025, enforceable by the Aged Care Quality and Safety Commission.

What every provider must do — by law

No exit fees. Cannot charge you any fee for ending the arrangement, regardless of how long you've been with them.
No lock-in periods. Cannot require you to stay for a minimum service period. You can switch at any time.
Care management fee cap. Cannot charge more than 10% of your quarterly classification budget in care management fees.
90 days to sign. Cannot stop your services because you have not yet signed the service agreement, for up to 90 days.
14 days written notice before ceasing services. If they intend to stop providing services, must give you 14 days notice in writing.

These obligations are not aspirational. If a provider presents a service agreement that contradicts any of them — an exit fee clause, a minimum period, or a care management fee above the cap — the clause is unlawful. You do not have to accept it.

What to Ask Before You Sign a Service Agreement

The service agreement is the legal document that governs everything — what they deliver, what you pay, and what your rights are if something goes wrong. Most families sign it the same day they receive it. You are not required to. You have up to 90 days to review it, and your services continue in the meantime.

Before signing, work through these five questions. Each is tied to a specific legal right.

1. What is the care management fee — and is it below 10% of my quarterly budget?

Find the fee section. The care management fee must be expressed as a percentage of your quarterly budget, and that percentage must be 10% or below. If it is expressed as a flat dollar amount without reference to your budget, ask the provider to express it as a percentage so you can verify compliance.

2. Is there an exit fee or minimum service period?

Find the termination or exit clause. There should be no exit fee, no administration charge for leaving, and no minimum service period. If any appear, do not sign until they are removed. These clauses are unlawful — a legitimate provider will remove them without dispute.

3. Does the service schedule specify what I will actually receive — and when?

Find the service schedule. Each service should be named specifically, with approximate frequency. A schedule that says 'services as agreed from time to time' is not adequate. Ask for it to be updated before you sign. Vague schedules make it harder to identify when a provider is not delivering what was agreed.

4. What is the process if I want to make a complaint?

The agreement should include a complaints process. If it does not, ask the provider to add one. You also have the right to complain directly to the Aged Care Quality and Safety Commission at any time — this right exists regardless of what the agreement says.

5. What happens to my unspent funds if I switch providers?

Unspent quarterly funds follow the funding, not the provider. Ask the provider to confirm in writing how unspent balances are handled at the point of transition. Your services budget is yours — it does not belong to the provider.

If a provider is reluctant to answer these questions clearly, that reluctance is itself information. A provider operating within the rules has no reason to be evasive about them.

How Care Management Fees Work — and What the Cap Means in Practice

Care management fees are charged as a percentage of your quarterly budget before any services are delivered. The legal cap is 10%. For most families, the significance of that cap only becomes clear when you see the dollar amounts.

The table below shows the quarterly budget for each classification and the maximum care management fee a provider can legally charge. These figures are indexed annually on 1 July — check Support at Home funding explained for updated figures after each indexation.

ClassificationQuarterly budgetMax care mgmt fee (10%)
Classification 1$2,682.75$268.28
Classification 2$4,008.61$400.86
Classification 3$5,491.43$549.14
Classification 4$7,424.10$742.41
Classification 5$9,924.35$992.44
Classification 6$12,028.58$1,202.86
Classification 7$14,537.04$1,453.70
Classification 8$19,526.59$1,952.66

Worked example — Classification 3

Quarterly budget: $5,491.43. Legal care management cap: $549.14. A provider charging 15% care management — which some do — would be taking $823.71 per quarter, or $274.57 more than the legal maximum. Over a full year, that is $1,098.28 in excess fees on a Classification 3 budget alone.

Care management fees are not the only fees providers charge — there may also be service-specific fees and participant contributions depending on income. But the care management cap is the most commonly exceeded, and the most directly checkable. Your monthly statement should show the fee as a line item.

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Your Right to Change Providers

Switching providers is a statutory right. Not a procedure to be negotiated — a right. There are no exit fees, no minimum notice periods you owe, and no financial penalty for leaving. If a provider implies otherwise, they are wrong.

The practical steps for switching are handled through My Aged Care (1800 200 422). Your funding allocation moves with you — it does not stay with the outgoing provider. Your new provider will set up a new service agreement, and the same 90-day signing window applies.

For a full walkthrough of the switching process — including what to say to the outgoing provider and how to avoid a gap in services — see How to switch your Support at Home provider.

Switching providers is not an accusation. Most families who consider switching feel awkward about it — as though leaving reflects badly on the provider. It does not. You are entitled to receive care from a provider that suits you. The system was designed to make switching straightforward for exactly this reason.

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Phone scripts, agreement checklists, fee calculators, and step-by-step guides — built for families who want to stay on top of the system without becoming experts in it.

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What to Do If Something Goes Wrong

If your provider is not delivering what was agreed, is charging incorrectly, or is behaving in a way that concerns you, there is a clear escalation path. Do not wait to see if it resolves itself — problems with providers tend to compound.

1

Raise it in writing with your provider

Start with a written complaint to your provider — email is sufficient. State the specific issue, the date it occurred, and what you want done. Written records matter if the issue escalates. Most providers resolve complaints at this stage.

2

Contact OPAN for free independent advocacy

If the provider does not resolve it, contact the Older Persons Advocacy Network on 1800 700 600. OPAN provides free, confidential advocacy and can help you navigate the complaints process. They are independent — they work for you, not the provider.

3

Lodge a complaint with the ACQSC

The Aged Care Quality and Safety Commission handles complaints about registered providers. Contact them at agedcarequality.gov.au or on 1800 951 822. You can complain whether or not you have raised the issue directly with the provider first.

For more detail on what triggers a formal complaint and how to document it effectively, see What to do if your provider isn't delivering services.

Key contacts

My Aged Care

Provider transitions, funding questions

1800 200 422

OPAN (free advocacy)

Independent support before and during complaints

1800 700 600

ACQSC (complaints)

Formal complaints about registered providers

1800 951 822

Common questions

Can my Support at Home provider charge an exit fee?

No. Exit fees are prohibited under the Aged Care Rules 2025. No provider can charge you for leaving, regardless of what their service agreement says. If you see an exit fee clause in an agreement presented to you, do not sign until it is removed.

What is a care management fee and is it capped?

A care management fee is what your provider charges to coordinate your care — reviewing your care plan, organising services, and checking in with you. Under the Aged Care Rules 2025, this fee cannot exceed 10% of your quarterly classification budget. For Classification 3, that means a maximum of $549.14 per quarter (figures indexed annually on 1 July).

How long do I have to sign a Support at Home service agreement?

You have up to 90 days to sign your service agreement. Your services continue throughout this period — your provider cannot stop services simply because you have not yet signed. Take the time to read it carefully and ask questions.

Can I switch Support at Home providers at any time?

Yes. Switching is a statutory right under the Aged Care Rules 2025. There are no exit fees and no minimum service periods. Contact My Aged Care on 1800 200 422 for support with the transition process.

What notice must my provider give before stopping my services?

Your provider must give you 14 days written notice before ceasing services — even within the 90-day service agreement window. If you receive a cessation notice without this, contact OPAN on 1800 700 600 immediately for free independent advocacy.

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This guide is for information only — not legal, medical, or financial advice. Verified against the Aged Care Act 2024 and Aged Care Rules 2025. Check myagedcare.gov.au for current rates and rules.

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